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RADHAKRISHNAN v. STATE OF KERALA - Bail Appl No. 352 of 2007  RD-KL 1205 (16 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 352 of 2007()
1. STATE OF KERALA
For Petitioner :SRI.P.R.VENKETESH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No. 352 of 2007
DATED: January 16, 2007
O R D E RPetitioners who are accused Nos. 2,3,5,6 and 7 in C.C. No. 683/04 on the file of the Judicial First Class Magistrate, Alathur, seek anticipatory bail.
2. The case originated on a private complaint and cognizance was taken by the Magistrate who took the case on file as C.C. 683/04. Evidently, the petitioners did not respond to the summons resulting in the Magistrate initiating steps under Sections 82 and 83 of Cr.P.C. and issuing non-bailable warrant of arrest against the petitioners. It is at this stage that the petitioners have approached this court.
3. Anticipatory bail cannot be granted so as to nullify the process issued by a court of competent jurisdiction. It is for the petitioners to seek regular bail after surrendering before the concerned Magistrate's Court. Accordingly, if the petitioners surrender before the magistrate and file an application for regular bail within two weeks from today , the same shall be considered despite the pendency of non-bailable warrants of arrest against the petitioners and shall be disposed of preferably on the same day on Bail A.No.352 of 2007 -:2:- which the said application is filed after considering the grievance of the petitioners that they did not receive summons in the case and that the matter has been squared up between the parties. With the above observation this application is disposed of.
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